National Commission for backward classes

BACKGROUND The government had created a Commission for the Scheduled Castes and Scheduled Tribes via a resolution in 1987. It was given constitutional status by passing Constitution (65th amendment) Act, 1990, leading to creation of National Commission of Scheduled Castes and Scheduled Tribes (NCSCST) in 1992. Via the Constitution (89th Amendment) Act, 2003; the NCSCST was […]

BACKGROUND

The government had created a Commission for the Scheduled Castes and Scheduled Tribes via a resolution in 1987. It was given constitutional status by passing Constitution (65th amendment) Act, 1990, leading to creation of National Commission of Scheduled Castes and Scheduled Tribes (NCSCST) in 1992. Via the Constitution (89th Amendment) Act, 2003; the NCSCST was split into two different commissions viz. NCSC and NCST by inserting Article 338-A. NCSC was mandated to look into the grievances and complaints of backward classes also.

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However, in 1992, the Supreme Court in Indra Sawhney case had directed the government to create a permanent body to entertain, examine and recommend the inclusion and exclusion of various Backward Classes for the purpose of benefits and protection. Towards this, the parliament passed National Commission for Backward Classes Act in 1993 and constituted the National Commission for Backward Classes as a statutory body. Currently, this body is responsible to look into the inclusion and exclusion of backward classes only. To safeguard the interests of these classes more effectively, there was a need to give constitutional status to NCBC. For this purpose, the 123rd Constitutional Amendment Bill has been introduced and passed as the 102nd Constitutional Amendment Act.

Along with the 102nd Constitutional Amendment Act, the National Commission for Backward Classes (Repeal) Bill, 2017 repealing the National Commission for Backward Classes Act, 1993 was passed.

102ND CONSTITUTIONAL AMENDMENT ACT

It seeks to grant the National Commission on Backward Classes (NCBC) constitutional status, at par with the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes.

Role of NCSC: Currently, under the Constitution the NCSC has the power to look into complaints and welfare measures with regard to Scheduled Castes, backward classes and Anglo-Indians. The Bill seeks to remove the power of the NCSC to examine matters related to backward classes.

Constitutional status to National Commission for Backward Classes: The NCBC is a body set up under the National Commission for Backward Classes Act, 1993. It has the power to examine complaints regarding inclusion or exclusion of groups within the list of backward classes, and advise the central government in this regard. The Act establishes the NCBC under the Constitution, and provides it the authority to examine complaints and suggest welfare measures regarding socially and educationally backward classes.

Backward classes: The Act states that the President may specify the socially and educationally backward classes in the various states and union territories. He may do this in consultation with the Governor of the concerned state. However, a law of Parliament will be required if the list of backward classes is to be amended.

Composition and service conditions: Under the Act, the NCBC will comprise of five members appointed by the President. Their tenure and conditions of service will also be decided by the President through rules.

Functions:

Under the Act, the duties of the NCBC will include: (i) investigating and monitoring how safeguards provided to the backward classes under the Constitution and other laws are being implemented, (ii) inquiring into specific complaints regarding violation of rights, and (iii) advising and making recommendations on socio-economic development of such classes. The central and state governments will be required to consult with the NCBC on all major policy matters affecting the socially and educationally backward classes.

The NCBC will be required to present annual reports to the President on working of the safeguards for backward classes. These reports will be tabled in Parliament, and in the state legislative assemblies of the concerned states.

Powers of a civil court:

Under the Act, the NCBC will have the powers of a civil court while investigating or inquiring into any complaints. These powers include: (i) summoning people and examining them on oath, (ii) requiring production of any document or public record, and (iii) receiving evidence.